Legal Commons^™

French Women In Art: Reclaiming The Body Through Creation/Les Femmes Artistes Françaises : La Réclamation Du Corps À Travers La Création, Liatris Hethcoat

Student Scholar Symposium Abstracts and Posters

The research I have conducted for my French Major Senior Thesis is a culmination of my passion for and studies of both French language and culture and the history and practice of Visual Arts. I have examined, across the history of art, the representation of women, and concluded that until the 20^th century, these representations have been tools employed by the makers of history and those at the top of the patriarchal system, used to control women’s images and thus women themselves. I survey these representations, which are largely created by men—until the 20^th century. I discuss pre-historical …

Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo

Media Collection

No abstract provided.

Welcome To Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

An Alliance Of Ladies: Power, Public Affairs, And Class Construction In Early National New York City, Alisa J. Wade

Dissertations, Theses, and Capstone Projects

The dissertation studies elite women’s political consciousness in New York City between 1783 and 1815, contextualizing women’s position within the city’s social strata and the rise of market capitalism in the post-Revolutionary era. In a period of deferential politics, women within the leadership class played a unique role in remodeling the structure of republican government and determining who belonged within it. Building on the foundation of learned femininity, they constructed the etiquette that undergirded men’s political careers and oversaw the marriage market. They mediated divisions between new merchant capital and more established landed wealth, reinforcing dynastic stability. Moreover, they were …

Agents Of Justice: Female Plaintiffs In The King’S Court In Thirteenth And Fourteenth-Century England, J. Savannah Shipman

Masters Theses

It has often been assumed that medieval women, noble or common, had little or no agency, were forced into submissive roles by dominating men, and had little control over their day-to-day lives. Theoretical statements about law served to support these assumptions as they forbade women from prosecuting men for any crimes other than the murder of her husband or for rape. Yet the records of the court proceedings before the king and his justices and the Calendar of Patent Rolls paint a very different picture. The sources themselves show that women regularly came to court to gain compensation and justice …

Guide To Ac028 - Records Of The Center For Access To Justice & Technology, Jona Whipple

Finding Aids

Records of the Center for Access to Justice & Technology, 1990-2005

The Center for Access to Justice and Technology (CAJT), formerly Justice Web Collaboratory, was formed at Chicago-Kent in 1999. The CAJT worked to make justice more accessible to the public by promoting the use of the Internet in the teaching, practice, and public access to the law. The CAJT conducted research, built software tools, taught classes, and supported faculty, staff, and student projects on access to justice and technology.

The first major focus of the CAJT was Meeting the Needs of Self-Represented Litigants: A Consumer Based Approach, or the …

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the …

Law Reform In The Ancient World: Did The Emperor Augustus Succeed Or Fail In His Morals Legislation?, Charles J. Reid Jr.

William & Mary Journal of Race, Gender, and Social Justice

This is an Article with a dual purpose. First, it is concerned with the process of law reform: how do we judge a given reform’s success or failure? Do we adopt strictly linear metrics? Or do we look at nonlinear impacts? For example, in the campaign against tobacco, do we judge it a success because it has reduced cigarette smoking? Or because it reduced the political power of the tobacco companies?

Secondly, in this Article, I apply this complex means of analyzing law reform to the Emperor Augustus’s morals legislation. Legal historians have typically regarded Augustus’s morals legislation as having …

This Species Of Property: Slavery And The Properties Of Subjecthood In Anglo-American Law And Politics, 1619-1783, John N. Blanton

Dissertations, Theses, and Capstone Projects

This Species of Property examines the development of the law and practice of slavery in the 17^th and 18^th century Anglo-American empire through analysis of common law court decisions in England, Massachusetts, and Virginia. The dissertation argues that there was a long and vibrant debate over the legitimacy of the chattel principle – the definition of enslaved persons as a type of property – and that enslaved people and their allies pushed for the recognition of the legal humanity or subjecthood of the enslaved in colonial and metropolitan courts. This antislavery legal tradition culminated in the famous Somerset …

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

Corn Strike History Report, Dr. Lendol Calder, Annie Urbanczyk, Clair Wright

2015-2016: Clinton, Iowa

No abstract provided.

The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez

Honors Undergraduate Theses

Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses something …

Cotton, Clemency, And Control: United States V. Klein And The Juridical Legacy Of Executive Pardon, Heather L. Clancy

The Gettysburg College Journal of the Civil War Era

When the guns of war fell silent in 1865, Americans throughout the reunited states grappled with the logistics of peace. At virtually every turn lay nebulous but critical questions of race, class, allegiance, and identity. More pragmatic legal stumbling blocks could also be found strewn across the path to Reconstruction; some of them would ensnare the healing nation for decades to come. Among their number was notorious Supreme Court decision United States v. Klein (1872). Born on July 22, 1865 out of a small debate over the wartime seizure of Vicksburg cotton stores, Klein quickly evolved into a legal …

El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian Mccall

Faculty Books and Book Chapters

Es imposible disociar la moral (o la ética) de la doctrina teológica. Como Richard Weaver explicó en el pasado siglo, las ideas tienen consecuencias. Por lo tanto, un cambio de doctrina teológica irá inevitablemente acompañado por un cambio en las normas que gobiernan la conducta. Dado que la ley humana es relativa a los usos y costumbres de la comunidad para la cual se dicta y se desarrolla a la luz de aquéllos, tales cambios terminarán abriéndose paso en las leyes. Después de quinientos años, las nuevas doctrinas del protestantismo han producido sus efectos sobre la moral y el derecho. …

Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess

Senior Honors Theses

Reluctant students often criticize the study of history as irrelevant to the present day.

In the case of one important and controversial piece of legislation, nothing could be farther from the truth. The 1973 War Powers Resolution (WPR), which places limits on presidential power to deploy troops in combat situations, has ample application to the political functioning of the United States today. Thus, investigating and studying the resolution remains relevant and important today. The WPR became law in 1973, overcoming a predictable veto by President Nixon. The legislation has consistently been a flashpoint for political controversy – eliciting criticism by …

Hist 340: American Legal History—A Peer Review Of Teaching Project Inquiry Portfolio, Katrina Jagodinsky

UNL Faculty Course Portfolios

This inquiry portfolio measures the success of revisions made to HIST 340: American Legal History after a previous benchmark portfolio revealed a number of problems in communicating to students the importance and meaning of the course objectives, in correlating assessments to the final grade, and in documenting student learning and quality of instruction. The findings, outlined below, indicate that identifying a clear course theme; more strongly aligning readings, assessments, and discussions to course objectives; and restructuring the verbal and written analysis of readings dramatically improved students’ performance and satisfaction. Measures used include formal and informal student evaluations of instruction, formal …

A Sickly Season: The Royal Canadian Navy And The Mainguy Commission, Keith D. Calow

Theses and Dissertations (Comprehensive)

ABSTRACT

This dissertation examines the proceedings of the Mainguy Commission, which was established in 1949 to investigate and report on a series of three “incidents” of collective disobedience which had taken place aboard Canadian warships in the early months of that year. The “incidents” were the culmination of a series of challenges that the senior staff was already endeavouring to address internally. Media and political attention to the indiscipline, however, brought the minister to insist that there be a public enquiry.

Historians who have examined the report of the Mainguy Commission have generally accepted that in calling for the Canadianization …

Making Marital Rape Visible: A History Of American Legal And Social Movements Criminalizing Rape In Marriage, Joann M. Ross

Department of History: Dissertations, Theses, and Student Research

This study examines the history of marital rape and related topics in the United States within the broader context of women’s legal and political rights. The project demonstrates the interplay between women’s activists, legislators, the criminal justice system, and an involved public necessary to change both societal and legal views on spousal rape, and eventually its criminalization in all fifty states.

Concentrating on approaches to criminalizing marital rape in three of the fifty states, this dissertation provides a reasonable representation of the existence of the marital rape exemption in America, arguments used to maintain the exemption, and various methods used …

April Miller Et Al. Vs. Kim Davis (Date Filled November 13, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, PH.D., et al. PLAINTIFFS v. KIM DAVIS, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS ROWAN COUNTY CLERK, et al. DEFENDANTS and RESPONSE OF THIRD-PARTY DEFENDANTS TO PLAINTIFFS’ MOTION TO ENFORCE SEPTEMBER 3 AND SEPTEMBER 8 ORDERS KIM DAVIS THIRD-PARTY PLAINTIFF v. STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY, et al. THIRD-PARTY DEFENDANTS

April Miller Et Al. Vs. Kim Davis (Date Filled November 9, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, PH.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; AND BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, INDIVIDUALLY, Defendant-Third-Party Plaintiff-Appellant, and STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY, AND WAYNE ONKST, IN HIS OFFICIAL CAPACITY AS STATE LIBRARIAN AND COMMISSIONER, KENTUCKY DEPARTMENT FOR LIBRARIES AND ARCHIVES, Third-Party Defendants-Appellees. ON APPEAL FROM U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, CIVIL ACTION NO. 15-CV-00044, HON. DAVID L. BUNNING BRIEF FOR AMICUS CURIAE EAGLE FORUM EDUCATION & LEGAL DEFENSE FUND IN SUPPORT OF APPELLANT IN SUPPORT OF REVERSAL

April Miller Et Al. Vs. Kim Davis (Date Filled September 2, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants

DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.

April Miller Et Al. Vs. Kim Davis (Date Filled September 1, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., Plaintiffs, v. KIM DAVIS, et al., Defendants.

PLAINTIFFS’ MOTION TO HOLD DEFENDANT KIM DAVIS IN CONTEMPT OF COURT

April Miller Et Al. Vs. Kim Davis (Date Filled August 31, 2015), Supreme Court Of The United States

Media Collection

Kim Davis, Individually and in Her Official Capacity as Rowan County Clerk, Applicant v. April Miller, et al. No. 15A250. SUPREME COURT OF THE UNITED STATES 192 L. Ed. 2d 994; 2015 U.S. LEXIS 4659; 84 U.S.L.W. 3099 August 31, 2015, Decided

April Miller Et Al. Vs. Kim Davis (Date Filled August 28, 2015), Supreme Court Of The United States

Media Collection

Kim Davis, Applicant, v. April Miller, Ph.D, Karen Ann Roberts, Shantel Burke, Stephen Napier, Jody Fernandez, Kevin Holloway, L. Aaron Skaggs, and Barry Spartman, Respondents.

Emergency Application to Stay Preliminary Injunction Pending Appeal DIRECTED TO THE HONORABLE ELENA KAGAN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE SIXTH CIRCUIT

April Miller Et Al. Vs. Kim Davis (Date Filled August 25, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, Ph.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; and BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, Individually, Defendant-Appellant. On Appeal From The United States District Court For The Eastern District of Kentucky In Case No. 15-cv-00044 Before The Honorable David L. Bunning

APPELLANT KIM DAVIS’ REPLY IN SUPPORT OF EMERGENCY MOTION FOR IMMEDIATE CONSIDERATION AND MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

April Miller Et Al. Vs. Kim Davis (Date Filled August 21, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, PH.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; AND BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, INDIVIDUALLY, Defendant-Appellant. ON APPEAL FROM THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, NO. 15-CV-0044-DLB (HON. DAVID L. BUNNING) MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF EAGLE FORUM EDUCATION & LEGAL DEFENSE FUND IN SUPPORT OF APPELLANT’S MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

April Miller Et Al. Vs. Kim Davis (Date Filled August 19, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, Ph.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; and BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, Individually, Defendant-Appellant. On Appeal From The United States District Court For The Eastern District of Kentucky In Case No. 15-cv-00044 Before The Honorable David L. Bunning APPELLANT KIM DAVIS’ EMERGENCY MOTION FOR IMMEDIATE CONSIDERATION AND MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

Never Again: The Genocide Convention In Review, William Chalmers

Seton Hall University Dissertations and Theses (ETDs)

The 1948 Convention on the Prevention and Punishment of the Crime of Genocide was supposed to, as its title states, prevent any further genocides from occurring. In the event the United Nations could not prevent genocide the convention obligates all member States to intervene and punish those perpetrating the crime. Despite the existence of the Genocide Convention the world has witnessed several more cases of genocide, some of which the perpetrators have either not been punished or have been punished long after they have committed the crime of genocide. With a lack of prevention and punishment critics of the Genocide …

April Miller Et Al. Vs. Kim Davis (Date Filled August 14, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants. CIVIL ACTION 0:15-CV-00044-DLB DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.